Legal Question in Criminal Law in Minnesota

Was this a legal search warrant?

My son was arrested/convicted/incarcerated for 1st degree drug sale. He went to a friends (did not go in) picked him up - brought him back - and left. A short time later the BCA came through my sons ''girlfriends'' house with a warrant. His friend whom he had picked up earlier sold drugs to a Confidential Informant after he dropped him back off at his house. They issued the warrant based on the fact that they ''assume'' the drugs came from my son. However my son at no time had contact with the CI. And the house they issued the warrant for to arrest my son was not his residence. His name is on a lease elsewhere. Is this a legal search warrant? The friend at no time indicated to the CI that the drugs came from my son. And the friend did not have knowledge at that time that the person was a CI. Can't believe that they can issue a warrant based on these facts. Am I right?


Asked on 9/20/02, 9:02 am

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Was this a legal search warrant?

The warrant is likely valid. However, the case is very weak given the facts that you relate.

A first degree drug offense with no priors carries with it a presumptive sentence of 86 months (more than 7 years). Your son should contact a lawyer immediately.

You may reach us online at http://www.criminal-law.tv or call 952.831.5000

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Answered on 9/20/02, 10:43 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Was this a legal search warrant?

This summary of facts may or may not reflect what was in the affidavit supporting the request for a search warrant. That is what I would look at, first. Since he has been convicted and incarcerated, presumably he had and has legal counsel working on this for him. It is necessary to investigate the facts and procedural history of a case like this in order to determine how to best seek justice for a client in this situation. Since he has been convicted, presumably his lawyer(s) are helping him look into an appeal and-or post-conviction relief. There are time limits on seeking such relief, so he will need to act quickly in order to protect his rights to seek justice.

You may be interested to look at the web sites of organizations advocating legalization and ending the "war on drugs," for example: www.norml.org

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Answered on 9/26/02, 4:03 pm


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